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Palm Harbor Wrongful Death Lawyer

The loss of a loved one is never something you can fully prepare for, but when you lose a family member in a wrongful death accident, it can cause anger along with heartbreak.

Wrongful deaths are preventable. An individual should never lose their life because of someone else’s negligence. If your family member dies due to injuries caused by another party, you can seek justice against the parties at fault through a wrongful death action.

No insurance claim or lawsuit can bring back your loved one, but you can fight for compensation to cover the losses and expenses after their death for your family.

If You Lose a Loved One in a Negligent Accident, Call Perenich Law Injury Attorneys for Help

There is no easy option or way to file a wrongful death claim. Even in cases where insurance companies or at-fault parties appear eager to settle with a family after the wrongful death of a victim, there is a reason behind this motivation. Families suffering through a difficult and unexpected loss may not know their rights or what damages they may recover in a wrongful death claim. It is nearly impossible to pursue the appropriate compensation without the help of a wrongful death attorney.

At Perenich Law Injury Attorneys, we fight for Palm Harbor families suffering after the negligent death of their loved ones. We understand the difficulties a spouse, children, and other relatives face after the sudden death of someone that provides and cares for them. Coupled with the enormous loss you are feeling is the stress and unknown of the future. We can help you fight for justice and compensation for you and the death of your loved one.

What Is Considered Wrongful Death?

When someone loses their life in an accident, the inquiry into how or what happened can lead families and loved ones to wonder whether their death was avoidable. A preventable death that occurs because an individual or another party fails to keep others safe from harm due to their actions gives rise to a potential wrongful death case.

Wrongful death is any death that happens because of another party’s intentional acts or negligent actions or inaction. Some criminal acts that result in the death of a victim are not only punishable under the law as a crime, but the family of the deceased may also be able to seek compensation in civil court for the wrongful death of their family member. Most commonly, however, wrongful death actions and lawsuits arise because of accidental deaths of victims caused by others.

When Can You Sue for the Wrongful Death of a Loved One?

Of particular importance to a potential wrongful death action is who can claim damages. Not everyone can file a wrongful death claim. The eligibility to sue or file an insurance claim for the wrongful death of a loved one will depend on your legal relationship with the party that has lost their life. Each state can have different rules and laws regarding wrongful death.

In Florida, the heir named in a will or personal representative of a victim’s estate can legally pursue wrongful death damages. This does not mean that the person is the only one that will benefit from a wrongful death case, but to streamline the process and avoid multiple actions for the same case, only one party may bring forth the action to benefit the whole estate.

Who can recover damages in a Palm Harbor wrongful death claim or lawsuit will depend on what family members survive the victim’s death.

Parties that may potentially seek wrongful death damages on behalf of a victim in Palm Harbor include:

  • The spouse
  • The minor children
  • Any adult child if there is no spouse or no living spouse
  • Both parents of a minor child
  • The parents of an adult victim when there is no surviving spouse or children
  • Any relatives that were dependents of the wrongful death victim

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Indications That Your Loved One Died From Negligence

To successfully win a wrongful death case, the victim’s family must show their death occurred due to the negligence of one or multiple parties. Proving negligence can be difficult, and when it comes to wrongful death and personal injury cases, things may not be exactly as they initially appear. Often, a wrongful death attorney may discover that the party liable to the family is someone other than their initial assumptions.

To prove negligence in a wrongful death case, you must meet the following criteria:

The defendant owed the victim a duty of care

While many people may think this is a difficult element to prove, there are many situations where there are responsibilities that people owe to one another. For example, a doctor owes a duty of care to their patient. A driver owes a duty of care to the occupants in their vehicle and others on the road.

The defendant, through his actions or inaction, violates the duty of care

Negligence can cause a wrongful death in many ways. In some cases, it is through something someone did, while in others, it’s something they failed to do.

The violation of the duty of care caused your loved one’s death

The most critical element in proving negligence in a wrongful death case is that the breach of the defendant’s duty caused your loved one’s death.

Common Wrongful Death Causes Due to Negligence in Palm Harbor

From everyday activities to recreation and medical care, a loved one can lose their life in many ways due to the fault of another party.

Wrongful deaths can occur in the following situations. The list is not exhaustive.

If you have any questions about whether your loved one’s death qualifies as a wrongful death, get a free consultation with our wrongful death lawyers to discuss your specific case and situation.

We represent the families of wrongful death victims after:

  • Motor vehicle accidents
  • Boating accident
  • Semi or tractor-trailer truck accident
  • Motorcycle accident
  • Aviation accident
  • Pedestrian or bicycling accident
  • Slip and fall
  • Other premises liability accidents
  • Pool accidents
  • Boating or other watercraft accident
  • Recreational accident
  • Accident at work
  • Medical malpractice
  • Product liability accident

What Damages Are Available in a Palm Harbor Wrongful Death Case?

Wrongful deaths differ from personal injury cases in that you are not seeking compensation as the victim of the accident but rather as a family member seeking justice for the avoidable and unnecessary loss of your loved one from your life following an accident.

You may seek different damages in a wrongful death case than a victim would seek in a personal injury matter. While some states may place a cap on the damages in a wrongful death claim or lawsuit, in Florida there is no such limit that applies to most damages in a case.

The damages you may recover in a wrongful death case include:

  • Medical expenses – If your family member initially survives an injury or accident and requires medical care, you may have accrued medical bills and expenses during this time up until their death. Any bills where a surviving family member makes payments for the care of their loved one before their passing are recoverable under a wrongful death case.
  • Loss of support and services – If you are a dependent of a wrongful death victim or you are part of a family unit such as a spouse, your loved one makes invaluable contributions to your family. Income contributions are one example of a loss that supports the family unit, while the loss of services can be the duties and responsibilities that a loved one takes on in your family that as a result of their death will no longer occur.
  • Pain and suffering – Your own personal mental and emotional distress that results from the sudden and tragic death of your loved one are recoverable in a wrongful death case. This can include losses for certain family members, such as a spouse and minor children.
  • Loss of companionship – Family members such as a spouse and minor children can also seek compensation for losing their loved one’s companionship. This includes the emotional guidance and support system the wrongful death victim would provide for their family had their untimely death not occurred.

Is there a Statute of Limitations on Wrongful Death Actions in Palm Harbor?

An important distinction between wrongful deaths and other cases is the statute of limitations. In Florida, the statute of limitations for the surviving family of a wrongful death victim to file a lawsuit against the parties responsible is only two years. The time begins to elapse from the date of the victim’s death.

Do You Need a Lawyer to Seek Justice for the Death of a Loved One?

Death Accident Lawyer, Terence Perenich
Terence Perenich, Palm Harbor Wrongful Death Lawyer

Wrongful death cases are too difficult to attempt without a lawyer. It is not just the complexities of the case but the overwhelming stress that can overwhelm a victim’s family.

It is a relief and huge help to hire a wrongful death attorney to manage your case and fight for compensation on your family’s behalf. An attorney understands what it takes to win a wrongful death case against an insurance company or at-fault party. They will work hard to reach a settlement that works for your family and will continue their fight in court if the need arises.

A wrongful death attorney will evaluate your case to give you an understanding of where you stand in terms of eligibility to file a wrongful death claim after the death of a loved one and an estimation of the damages the law entitles you to seek. With a lawyer at your family’s side, you can rest assured that they will do everything in their power to fight for justice after the wrongful death of your loved one.

If your loved one loses their life in a manner that you believe is the fault of another party, contact a Palm Harbor wrongful death attorney at Perenich Law Injury Attorneys for your free consultation and discuss your case.

You can reach us at (813) 694-7940 or through our contact page. We’re always here for you, so call us at any time that’s convenient for you.

Perenich Law Injury Attorneys – Palm Harbor Office

Phone: 727-500-2166

Address: 3204 Alternate US Hwy 19N, Palm Harbor, FL 34683

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“The way your law firm handled my case for me was incredible. You took the stress of an unpleasant experience and settled it in the most professional way possible. I am truly grateful and will always recommend you to all my friends. Thank you.”
– Bill Baker
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